Section 3 in The West Bengal Separation of Judicial And Executive Functions Act, 1970
3. Functions exercisable by Judicial and Executive Magistrates.
- Notwithstanding anything to the contrary contained in any other law for the time being in force but subject to the other provisions of this Act and the Code of Criminal Procedure, 1898, as amended by this Act, where under any law the functions exercisable by a Magistrate relate to inquiry into, or cognizance, investigation or trial of, an offence, such functions shall be exercisable by a Judicial Magistrate, and where such functions relate to matters which are administrative or executive in nature, they shall be exercisable by an Executive Magistrate:Provided that any reference to a Magistrate in the Code of Criminal Procedure, 1898, as amended by this Act, which by express provision or necessary implication does not refer to a Judicial Magistrate or an Executive Magistrate, shall be construed as a reference to a Magistrate of either class.
